Proof, expert evidence and credibility in trafficking cases – EIN Blog

‘The Court of Appeal has decided that the two-stage procedure provided for by the National Referral Mechanism (NRM) to determine whether a person is a victim of human trafficking, involving an initial decision on whether there are reasonable grounds to believe that a person is a victim, and a subsequent conclusive decision made on the balance of probabilities, complies with the requirements of the Council of Europe Convention on Action against Trafficking in Human Beings 2005 (ECAT), Directive 2011/36 and article 4 of the ECHR. Two appellants (MN, an Albanian national, and IXU, a Nigerian national) appealed against the dismissal of their judicial review applications of decisions made by Home Office decision-makers that they were not victims of trafficking for the purposes of the NRM. The NRM sets out a two-stage identification procedure to determine whether someone was a victim of trafficking. A “Competent Authority”, a part of the Home Office, determines whether there are reasonable grounds to believe that a person is a victim. Then, in light of further consideration/investigation, the Competent Authority makes a conclusive decision. Conclusively established trafficking victims are entitled to support under the NRM. Some, but not all, of that support is available also to potential victims identified at the first stage. The Competent Authority made reasonable grounds determinations in favour of both MN and IXU but made conclusive decisions against them. Farbey J (MN) and Mr Philip Mott QC (IXU) dismissed the judicial review claims at first instance.’

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EIN Blog, 21st January 2021

Source: www.ein.org.uk

‘Professionally embarrassed’ lawyers wrong to withdraw during murder trial – Legal Futures

Posted January 22nd, 2021 in appeals, barristers, evidence, firearms, forensic science, murder, news, trials by sally

‘The legal team of a man accused of murder was wrong to withdraw during the trial citing “professional embarrassment” but the move did not render his subsequent conviction unsafe, the Court of Appeal has ruled.’

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Legal Futures, 22nd January 2021

Source: www.legalfutures.co.uk

Anonymous witness evidence and the right to a fair trial – Carmelite Chambers

Posted January 12th, 2021 in anonymity, criminal procedure, evidence, news, witnesses by sally

‘Anonymous witness orders are most commonly sought by the prosecution in cases involving undercover police officers. There are outliers however, cases of complexity that call for closer attention, particularly those involving allegations or fears of witness intimidation.’

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Carmelite Chambers, 11th January 2021

Source: www.carmelitechambers.co.uk

Recommendations for the probity of computer evidence – Digital Evidence and Electronic Signature Law Review

Posted December 18th, 2020 in computer programs, disclosure, electronic filing, evidence, news, postal service by sally

‘This paper sets out recommendations for a two stage disclosure process in an attempt to avoid the problems with disclosure of computer data/material in court proceedings, problems that have been exposed in two cases in England: the Post Office Horizon scandal, and the case of the nurses in R v Cahill, R v Pugh.’

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Digital Evidence and Electronic Signature Law Review, 18 (2021), 18-25, 15 December 2020

Source: journals.sas.ac.uk

Police drop rape investigation into Tory ex-minister – The Independent

Posted December 14th, 2020 in appeals, evidence, news, parliament, police, political parties, rape, sexual offences, victims by tracey

‘Police have dropped their investigation into a Conservative MP and ex-minister who was arrested after a woman accused him of rape.’

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The Independent, 13th December 2020

Source: www.independent.co.uk

Children: Private Law Update December 2020 – Family Law Week

Posted December 10th, 2020 in arbitration, children, evidence, legal representation, medical records, news by tracey

‘Alex Verdan QC of 4PB analyses some recent important judgments in private children law.’

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Family Law Week, 8th December 2020

Source: www.familylawweek.co.uk

Case Comment: Shagang Shipping Company Ltd (in liquidation) v HNA Group Company Ltd [2020] UKSC 34 – UKSC Blog

Posted December 9th, 2020 in appeals, bribery, charterparties, evidence, news, Supreme Court, torture by sally

‘On 5 August 2020, the UK Supreme Court handed down judgment in Shagang Shipping Company Ltd (in liquidation) v HNA Group Company Ltd [2020] UKSC 34; [2020] 1 W.L.R. 3549. Against the background of a commercial charterparty dispute, this appeal raised important questions about the admissibility of evidence potentially obtained through torture.’

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UKSC Blog, 8th December 2020

Source: ukscblog.com

Rashid v Chief Constable of West Yorkshire Police [2020] EWHC 2522 (QB), [2020] All ER (D) 02 (Oct) – Parklane Plowden Chambers

Posted November 19th, 2020 in accidents, evidence, insurance, necessity, news, police, road traffic, wrongful arrest by sally

‘The court held that whereas reasonable grounds for suspecting someone has committed an offence sets a low evidential hurdle, the second requirement for an arrest to be lawful (for the Police to prove that there were reasonable grounds to believe the arrest was “necessary”) sets a comparatively high evidential hurdle and the police could not objectively evidence that the arrest was “necessary” when the GP would have been prepared to voluntarily attend the police station and the reasons given by the Police for the “necessity” of arresting the GP were baseless.’

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Parklane Plowden Chambers, 11th November 2020

Source: www.parklaneplowden.co.uk

R v Broughton Clarifying Causation in Gross Negligence Manslaughter – 2 Hare Court

Posted November 17th, 2020 in causation, drug abuse, evidence, expert witnesses, homicide, negligence, news by sally

‘In 2017 a 24-year-old woman, Louella Fletcher Michie, died at the Bestival Music Festival, having taken 2-CP, a Class A drug, supplied by her boyfriend, the appellant.’

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2 Hare Court, November 2020

Source: www.2harecourt.com

Lessons for property lawyers from ‘holiday illness’ claim : Is the Court obliged to accept ‘unopposed’ expert evidence? – Hardwicke Chambers

Posted November 17th, 2020 in evidence, expert witnesses, news, personal injuries by sally

‘The High Court appeal in Griffiths v TUI [2020] EWHC 2268 handed down in August 2020 has been much remarked on by personal injury lawyers, but the decision is also of interest for cases in the business and property courts, as it places a significant restriction on the role of the Court in cases of “unopposed” expert evidence.’

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Hardwicke Chambers, 4th November 2020

Source: hardwicke.co.uk

Vigilante justice: is evidence obtained by ‘paedophile hunter’ groups admissible in criminal proceedings? – 2 Hare Court

‘On 15 July 2020 the Supreme Court handed down its findings in Sutherland (Appellant) v Her Majesty’s Advocate (Respondent) (Scotland) [2020] UKSC 32.’

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2 Hare Court, 2nd November 2020

Source: www.2harecourt.com

Cell Site Evidence: Expert or Not? – St Philips Barristers

Posted November 10th, 2020 in conspiracy, drug trafficking, evidence, expert witnesses, news, telecommunications by sally

‘In R v Andrew Turner [2020] EWCA Crim 1241 the Court of Appeal considered the issue of when a professional witness crosses the line and gives expert evidence, in the context of mobile telephone analysis. The appeal concerned a conspiracy to supply class A drugs, the prosecution relied on mobile telephone and surveillance evidence. The appellant was said to be a driving force behind the conspiracy and that various incriminating mobile telephone numbers could be attributed to him.’

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St Philips Barristers, 5th November 2020

Source: st-philips.com

Behind the Depp headlines: meaning, evidence and juries – Doughty Street Chambers

Posted November 10th, 2020 in defamation, domestic violence, evidence, juries, media, news by sally

‘On 2nd November 2020, Nicol J handed down his eagerly awaited judgment in Depp v News Group Newspapers and anor [2020] EWHC 2911 (QB). This high-profile case has been widely reported and needs little introduction. In short, Mr Depp failed in his defamation claim concerning an article published by The Sun that alleged that he had committed acts of violence against his then-wife Amber Heard. Nicol J held that the defendants had proved it was “substantially true” that Mr Depp had committed acts of violence against Ms Heard on twelve pleaded occasions.’

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Doughty Street Chambers, 6th November 2020

Source: insights.doughtystreet.co.uk

Is there a different burden of proof in relation to misconduct cases in which there is a possibility that an employee who works with children may pose a danger? No, says the EAT in K v L UKEAT/0014/18/JW – 3PB

‘The Claimant had been employed by the respondents for 20 years as a teacher. On 30th December 2016 the Police entered his property having been granted a warrant to search for and seize computers in the possession of the Claimant. The warrant was based on intelligence that indecent images of a child or children had been downloaded to an IP address associated with the Claimant. The Claimant lived at the address with his son. One of the computers was found to have data that was of interest to the Police.’

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3PB, 2nd October 2020

Source: www.3pb.co.uk

Part 1: Expert evidence – Additional expert evidence following a Joint Report. – Parklane Plowden Chambers

Posted October 27th, 2020 in evidence, expert witnesses, news, noise, personal injuries by sally

‘The recent case of Hinson v Hare [2020] EWHC 2386 QB provides further clarification on the circumstances in which a court may allow one party permission to rely on a further expert report, when the conclusions reached by the single joint expert are not to their liking. Whilst the specific claim was for noise induced hearing loss (NIHL) the principles expounded can be applied generally.’

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Parklane Plowden Chambers, 2nd October 2020

Source: www.parklaneplowden.co.uk

High Court upholds refusal by judge to admit witness statement from council officer in eviction proceedings brought by housing association – Local Government Lawyer

Posted October 15th, 2020 in admissibility, appeals, evidence, housing, landlord & tenant, news, repossession, witnesses by tracey

‘The High Court has dismissed an application to overturn a judge’s refusal to allow tenants to rely on a witness statement from a council officer in eviction proceedings brought by a housing association.’

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Local Government Lawyer, 15th October 2020

Source: www.localgovernmentlawyer.co.uk

Search warrants reform to help law enforcement investigate crime – Law Commission

Posted October 7th, 2020 in evidence, Law Commission, police, statute law revision, Uncategorized, warrants by tracey

‘Reforms that would reduce the number of unlawful search warrants being issued and help law enforcement to investigate crime and collect evidence (especially that stored electronically) have today [7 October 2020] been recommended by the Law Commission, the Government’s independent law reform body.’

Full press release

Law Commission, 7th October 2020

Source: www.lawcom.gov.uk

Gaia Pope death: Family wants answers to ‘vital questions’ – BBC News

Posted September 16th, 2020 in bereavement, coroners, delay, evidence, families, inquests, mental health, news, police, rape, sexual offences by michael

‘The family of a teenager found dead 11 days after going missing nearly three years ago said “vital questions” about her death remain unanswered.’

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BBC News, 16th September 2020

Source: www.bbc.co.uk

Case Comment: Sutherland v Her Majesty’s Advocate (Scotland) [2020] UKSC 32 – UKSC Blog

Posted September 3rd, 2020 in evidence, human rights, internet, news, privacy, Scotland, sexual offences, Supreme Court by sally

‘In this post, Joanna Clark and Emma Ainsley of CMS discuss the judgment handed down by the UK Supreme Court on 15 July 2020 in a referral from the High Court of Justiciary, the Scottish criminal appeal court, in the matter of Sutherland v Her Majesty’s Advocate [2020] UKSC 32 concerning the admissibility of evidence obtained by so-called “paedophile hunter” groups in criminal trials.’

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UKSC Blog, 1st September 2020

Source: ukscblog.com

Judges issues guidance to experts on remote evidence – Litigation Futures

Posted September 3rd, 2020 in evidence, expert witnesses, news, remote hearings by sally

‘A panel of top judges has issued guidance for expert witnesses on giving evidence remotely, which warns that “processing information through online contact is hard”.’

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Litigation Futures, 3rd September 2020

Source: www.litigationfutures.com